What is the difference between a plea agreement and a plea bargain?

A plea agreement and a plea bargain are two different legal terms that are commonly confused. A plea agreement is an agreement between the defendant and the prosecutor where the defendant agrees to plead either guilty or no contest in exchange for certain conditions or privileges. A plea agreement is commonly used when the defendant is willing to cooperate with the prosecutor or has information that can help the prosecutor’s case. A plea agreement often includes an agreement on sentencing, so that the defendant can receive a lesser sentence. A plea bargain is an agreement between the prosecutor and the defendant where the defendant pleads guilty or no contest in exchange for a reduced sentence or other considerations. This is commonly used when the prosecutor lacks the evidence to obtain a conviction, but the defendant is willing to admit to some of the charges. A plea bargain may also include a plea agreement, where the defendant agrees to plead guilty and cooperate with the prosecutor in exchange for a reduced sentence. Both plea agreements and plea bargains are used in criminal law cases in Utah and are both important considerations for defendants. The decisions made during the negotiation process can have significant impacts on the outcome of a criminal case. Ultimately, the terms of each plea agreement or plea bargain are up to the discretion of the judge in each individual case.

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